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Procedure to give sister's share from father's property to her kids.


10-Jan-2023 (In Family Law)
Sir my sister died Ofter marriage in 2003 (she has 2 children) now my father expired 2017 without doing any will me and my brother selling property but we want to give my sis share for her children or not
Answers (3)

Answer #1
960 votes
If your father has died without making a will then as per section 10 of Hindu Succession Act, you, your brother and your sister would be entitled to equal share in your father's property. Now in this case as your sister has already died, her two children would be entitled to that share of the property which would have gone to her if she was alive. Hence, you just have to file petition for succession certificate here before the district judge and obtain a succession certificate from the civil court and your sister's share in the property would go to her children.
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Advocate Samyak Raj

Adv. Samyak Raj

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Answer #2
657 votes
The children of your sister having right on the property. After death of you sister right will flow on her children. Therefore you have to give sister share on property to children of your sister. Children having right of share on property.
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Advocate Rajesh Shettigar

Adv. Rajesh Shettigar

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Answer #3
922 votes
The two chlildren of your sister will come as a share holder to their deceased mother and in 1/3 share of their mother will be shared by them you get 1/3 and your brother will get 1/3 and your sister will get 1/3 , they have right to claim their mother share and claim in the court of law, instead of going to the court and getting the property later kindly solve your problem by giving the share of their mother, since your father has died intestate.
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Advocate K.P. Sumangala

Adv. K.P. Sumangala

LawRatoBangalore / Bengaluru | 50+ Answers
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